DOJ Drops Case Against Army Vet Who Burned Flag Near White House in Protest

Federal prosecutors are dismissing charges against a North Carolina Army veteran who burned an American flag in Lafayette Park last year to protest Trump's flag burning executive order. Jay Carey, 55, who served tours in Iraq and Afghanistan, was arrested the same day Trump signed the order directing prosecution of flag burners.

Federal prosecutors have decided to drop criminal charges against a military veteran who ignited an American flag outside the White House last year in protest of then-President Donald Trump’s directive targeting flag burning.

Jay Carey, age 55 from Arden, North Carolina, who reports military service spanning 1989 to 2012 with deployments to Iraq and Afghanistan, was taken into custody on August 25 following the flag burning incident in Lafayette Park, which falls under National Park Service jurisdiction. The arrest occurred on the same day Trump issued an executive directive instructing the Justice Department to pursue legal action against individuals who burn American flags.

Prosecutors filed two misdemeanor counts against Carey that did not directly address flag burning itself: starting a fire in a prohibited location and creating flames that damaged property or park facilities. Carey entered a not guilty plea in September. The dismissal motion filed Friday offered no explanation for the decision, and the U.S. Attorney’s office for the District of Columbia has not responded to requests for comment.

The nation’s highest court has determined that flag burning constitutes protected political speech under the Constitution. Trump’s directive claimed flag burning could face prosecution when it “is likely to incite imminent lawless action” or represents “fighting words.”

“I set out to demonstrate that the First Amendment is sacred and that no administration has the right to supersede our constitutional rights,” Carey stated through the Partnership for Civil Justice Fund. “I was targeted for federal prosecution because of that. I am glad to stand with all those who are fighting for our fundamental rights and hope that this victory can help the next person who takes a stand.”

Speaking by phone Saturday, Carey said the outcome demonstrates that “the Constitution still matters.”

Mara Verheyden-Hilliard, representing Carey and serving as co-founder of the fund, argued the prosecution was inappropriate from the start.

“The government’s attempt to criminally punish a protestor based on expressive conduct targeted for prosecution by presidential order posed a grave threat to First Amendment freedoms,” Verheyden-Hilliard stated. “The government’s about-face is a critical vindication of those rights. This case also lays the groundwork for defending those across the country who are targeted for vindictive prosecution by the Trump Administration in an effort to silence and punish viewpoints it doesn’t like.”